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Oral disclosures of personal information and the GDPR

The following Dispute Resolution news provides comprehensive and up to date legal information on Oral disclosures of personal information and the GDPR

Court of Appeal confirms organisation liable for employee’s data breach, even though not at fault (Wm Morrison Supermarkets plc v Various Claimants)

The following Commercial news provides comprehensive and up to date legal information on Court of Appeal confirms organisation liable for employee’s data breach, even though not at fault (Wm Morrison Supermarkets plc v Various Claimants)

The government’s no deal notices and data protection

The following Corporate Crime news provides comprehensive and up to date legal information on The government’s no deal notices and data protection

Brexit Withdrawal Agreement—impact for data protection

The following Employment news provides comprehensive and up to date legal information on Brexit Withdrawal Agreement—impact for data protection

Featured Employment content

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

Unfair dismissal remedies—general

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

Precedents

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

9th Nov

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

9th Nov

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

In-house

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

Precedents

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

9th Nov

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

9th Nov

Most recent Benefits content

Q&As

Can a claim for unlawful deduction from wages be brought in respect of unpaid permanent health insurance or income protection payments? If not, can a breach of contract claim be brought instead?

For information on unlawful deductions from wages generally, see Practice Note: Deductions from wages.Section 13 of the Employment Rights Act 1996...

5th Dec

Q&As

If a Permanent Health Insurance provider considers that an individual who has been receiving benefits under a PHI scheme is fit to return to work and therefore withdraws benefits, but the individual may appeal that decision, does the implied contractual term that the employer will not terminate the contract while the employee is incapacitated from work prevent the employer from terminating the employment until the appeal has been heard?

You may wish to consider separately:•the implied term•the fairness of a dismissal which prejudices Permanent Health Insurance (PHI) rights, under the...

5th Dec

Q&As

How do you calculate the statutory holiday entitlement of an employee who works five days a week but who works 48 weeks and has four weeks unpaid leave every year?

The statutory right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 is to a total of 5.6 weeks' annual leave each 'leave year', made...

5th Dec

Q&As

Where an employee, as part of his in-job training, is required to attend a college course, and one of his college days fall on a bank holiday, is he entitled to a day off in lieu?

There is no statutory right to take bank or public holidays as paid annual leave. Rather, the right (or obligation) to take leave on such days will be...

5th Dec

Q&As

If an employee wishes to take holiday while they are on flexible furlough, how should the employer deal with that holiday, and how should holiday pay be calculated?

For information:•on the revised Coronavirus Job Retention Scheme (CJRS), see Practice Note: Coronavirus Job Retention Scheme (revised version from 1...

5th Dec

COVID-19

Practice notes

Introduction to employee share ownership schemes

This Practice Note provides an introduction to:•why companies have employee ownership models•the main types of share ownership models, and•issues to...

29th Nov

Q&As